Judgment No. CCZ 05/18 9 Const. Application No. 32/17 elections, in executing this mandate, it has to do so within the confines of existing laws. It must therefore conform not only to its governing law but also the laws that regulate the conduct of the other participants in the process. In this context, it cannot be free to make regulations that are in conflict with public policy and the law. It is in this context that the Minister’s approval of the regulations must be construed. The provision must therefore be given an interpretation that is purposive in order to give a true reflection of the intention of the Legislature in requiring the approval of the Minister before promulgation of any regulations prepared by ZEC. In construing the provision within the context of this debate the word ‘approve’ must be read as defined in the dictionary to signify satisfaction with or confirming, sanctioning or agreeing with. In my view, the applicant has not made out a case where the word ‘approve’ can be construed to mean direct or control as contended before us. To ascribe such a meaning to the word would constitute a fundamental departure from its ordinary meaning. The applicant needed to show that the regulations fail to meet the standard of impartiality as is required by the Constitution. The applicant does not impugn the regulations themselves. An attack on the lack of or absence of impartiality of the regulations themselves would have in the circumstances of this case gone a long way in laying a foundation to his claim that the need for their approval by the Minister served to impair the independence of ZEC in their promulgation. The process of promulgation cannot be impugned in the abstract. There needs to be tangible evidence of interference. There is none.

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